Search Results for "conditional disposal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "conditional disposal"

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Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

12 Aug 2020

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

1 Feb 2019

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

High Court of Karnataka Quashes Deputy Commissioner's Order Directing Shifting of CL-9 Liquor Licence — Deputy Commissioner Lacks Jurisdiction Under Karnataka Excise Act, 1965 to Direct Shifting of Licence Premises. The court held that the Deputy Commissioner acted without jurisdiction in directing the petitioner to shift his liquor vending shop, as Section 30 of the Karnataka Excise Act, 1965 does not confer such power.

27 Jun 2016

The petitioner, V.R. Prakash, a CL-9 licensee running a bar and restaurant in Bengaluru, filed a writ petition under Articles 226 and 227 of the Const...

High Court

Bombay High Court Allows Writ Petitions Challenging Tenancy Certificate in Mortgage Disguised as Sale. Agreement of Sale Held to be a Mortgage by Conditional Sale Under Bombay Tenancy & Agricultural Lands Act, 1948.

11 Jan 2011

The petitioner, Allauddin Bapubhai Mulla, was the owner of two agricultural lands, Gat No. 44/3B/1A and Gat No. 40/1A, situated at village Degaon, tal...

High Court

Bombay High Court Dismisses Writ Petition Challenging Predeposit Condition for Appeal Against Interlocutory Order Under SARFAESI Act. Section 18(1) of SARFAESI Act, 2002 Requires Deposit of 50% of Debt for Any Appeal Under Section 17, Including Interlocutory Orders, and Appellate Tribunal May Reduce to 25%.

16 Nov 2010

The petitioners, M/s Vinay Container Services Pvt. Ltd. and its guarantors, challenged an order of the Debts Recovery Appellate Tribunal (DRAT) which ...

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